For a will to be valid, it needs to have been executed properly. This means the will must be signed in a very particular way. 

The will must be signed by the person making the will in the presence of two witnesses. Importantly, the witness must not be someone who gains from the will. Whilst this would not affect the validity of the will itself, it would bring into question the validity of the gift the will makes to that witness. These two witnesses must also sign the will to confirm they have witnessed the original signature. 

Due to COVID-19, the proximity the witnesses would ordinarily have to be to the person making the will is against government guidelines. 

Other firms believe they have figured a way around this issue. Some solicitors are emailing wills out to clients then jumping on Zoom or Team calls with a member of their household to ‘witness’ the client signing the will. Whilst in this scenario, the witnesses would see the client signing the will, it is arguable whether they were ‘in the presence’ of the client. 

The ordinary and normal reading of the words ‘in the presence’ means being in close proximity to them. Other solicitors are therefore concerned that wills executed in this manner are invalid. 

This is an exceptionally risky route to take if you wish to update your will during the COVID-19 pandemic. Work arounds, such as these, could lead to more will disputes in the future and you should take further advice if you believe your will has been invalidly witnessed. 

If you would like information about disputing a will, probate disputes or inheritance disputes, please call 01902 424927 and ask to speak to one of our specialist contentious probate lawyers.  Alternatively, please e-mail us at contentiousprobate@georgegreen.co.uk providing a brief summary of the issues you wish to discuss with us, along with your contact details.

We have a dedicated practice team of contentious probate solicitors, covering all areas of the UK (with offices near Birmingham and in Wolverhampton) who are experienced in dealing with all types of contentious probate matters, including challenging a will and estate disputes. We also have a team of probate lawyers who can assist if you wish to review you current will or to make a will for the first time.

We offer a free initial free telephone consultation for contentious probate disputes and we can sometimes act for clients who want to contest a will or commence an inheritance dispute/probate dispute on a no win no fee basis.